On 13 December 2006, the High Court of Botswana delivered its ruling in the long running dispute concerning the relocation of some Basarwa, (Bushmen), from their ancestral lands in the Central Kgalagadi Game Reserve (CKGR). The Court found in favour of the Basarwa applicants on some of the issues. Government did not appeal. Survival International, the chief backer of the Basarwa cause, spent the year vilifying the Botswana Government for failure to comply with rulings of its own court. The contentious issues include the right of all Basarwa, including those not reflected among the applicants in the case, to enter and reside in the CKGR; their right to be provided with water in the reserve; and their entitlement to special licences for hunting game.
One of the important hallmarks of any progressive society is the ability for it to ensure that its laws are not only just but are kept up-to-date and made readily accessible to all who are affected by them. Whilst it is important that the law must be stable, it cannot be static. The aim of this commentary is to review certain aspects of the 2002 Revision of Laws Act.